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Das pactum ut minus solvatur und die maior pars im klassischen Recht

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The pactum ut minus solvatur and the maior pars in classical law.
Marc Aurel established the institution of a creditors’ meeting, the purpose of which was to find a composition agreement between all creditors and the debtor’s heir. Such a debt cut required a majority decision of those creditors present at the meeting. Without discretion, the praetor had to follow this majority decision. His decretum and thus the quota agreed upon were binding even for dissenting creditors and those not present at the meeting.

Affiliations: 1: Lehrstuhl für Bürgerliches Recht, Römisches Recht und Europäisches Privatrecht, Juristische Fakultät der Universität Tübingen, Geschwister-Scholl-Platz, D-72074 Tübingen, Deutschland


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